---
kind: "section"
citation: "16 U.S.C. § 460iii–3"
title: "16"
title_heading: "Conservation"
number: "460iii–3"
heading: "Management and use"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/460iii-3"
units:
  - "Chapter 1 — National Parks, Military Parks, Monuments, and Seashores"
  - "Subchapter CXX — Morley Nelson Snake River Birds of Prey National Conservation Area"
---

# §460iii–3. Management and use

- (a) **In general—**
  - (1)
    - (A) Within 1 year after August 4, 1993, the [Secretary](/usc/16/460iii–1.md?p=1) shall make any revisions in the existing [management plan](/usc/16/544.md?p=k) for the [conservation area](/usc/16/460iii–1.md?p=2) as necessary to assure its conformance with this subchapter, and no later than January 1, 1996, shall finalize a new [management plan](/usc/16/544.md?p=k) for the [conservation area](/usc/16/460iii–1.md?p=2).
    - (B) Thereafter, the [Secretary](/usc/16/460iii–1.md?p=1) shall review [the plan](/usc/16/460iii–1.md?p=9) at least once every 5 years and shall make such revisions as may be necessary or appropriate.
    - (C) In reviewing and revising [the plan](/usc/16/460iii–1.md?p=9), the [Secretary](/usc/16/460iii–1.md?p=1) shall provide for appropriate public participation.
  - (2) Except as otherwise specifically provided in [section 460iii–2(d) of this title](/usc/16/460iii–2.md?p=d) and subsections [(d)](#d), [(e)](#e), and [(f)](#f) of this section, the [Secretary](/usc/16/460iii–1.md?p=1) shall allow only such uses of lands in the [conservation area](/usc/16/460iii–1.md?p=2) as the [Secretary](/usc/16/460iii–1.md?p=1) determines will further the purposes for which the [conservation area](/usc/16/460iii–1.md?p=2) is established.
- (b) **Management guidance—** After each review pursuant to [subsection (a)](#a), the [Secretary](/usc/16/460iii–1.md?p=1) shall make such revisions as may be needed so that [the plan](/usc/16/460iii–1.md?p=9) and management program to implement [the plan](/usc/16/460iii–1.md?p=9) include, in [addition](/usc/16/410r–5.md?p=c-2) to any other necessary or appropriate provisions, provisions for—
  - (1) protection for the [raptor](/usc/16/460iii–1.md?p=3) populations and habitats and the scientific, cultural, and educational resources and values of the [public lands](/usc/16/620e.md?p=7) in the [conservation area](/usc/16/460iii–1.md?p=2);
  - (2) identifying levels of continued military use of the [Orchard Training Area](/usc/16/460iii–1.md?p=6) compatible with paragraph (1) of this subsection;
  - (3) public use of the [conservation area](/usc/16/460iii–1.md?p=2) consistent with the purposes of this subchapter;
  - (4) interpretive and educational opportunities for the public;
  - (5) a program for continued scientific investigation and study to provide information to support sound management in accordance with this subchapter, to advance knowledge of [raptor](/usc/16/460iii–1.md?p=3) species and the resources and values of the [conservation area](/usc/16/460iii–1.md?p=2), and to provide a process for transferring to other [areas](/usc/16/539m–1.md?p=1-A) of the [public lands](/usc/16/620e.md?p=7) and elsewhere this knowledge and management experience;
  - (6) such vegetative enhancement and other measures as may be necessary to restore or enhance prey habitat;
  - (7) the identification of levels, types, timing, and terms and conditions for the allowable nonmilitary uses of lands within the [conservation area](/usc/16/460iii–1.md?p=2) that will be compatible with the protection, maintenance, and enhancement of [raptor](/usc/16/460iii–1.md?p=3) populations and habitats and the other purposes for which the [conservation area](/usc/16/460iii–1.md?p=2) is established; and
  - (8) assessing the desirability of imposing appropriate fees for public uses (including, but not limited to, recreational use) of lands in the [conservation area](/usc/16/460iii–1.md?p=2), which are not now subject to fees, to be used to further the purposes for which the [conservation area](/usc/16/460iii–1.md?p=2) is established.
- (c) **Visitors center—** The [Secretary](/usc/16/460iii–1.md?p=1), acting through the Director of the Bureau of Land Management, is authorized to establish, in cooperation with other public or private entities as the [Secretary](/usc/16/460iii–1.md?p=1) may deem appropriate, a visitors center designed to interpret the history and the geological, ecological, natural, cultural, and other resources of the [conservation area](/usc/16/460iii–1.md?p=2) and the biology of the [raptors](/usc/16/460iii–1.md?p=3) and their relationships to man.
- (d) **Visitors use of area—** In [addition](/usc/16/410r–5.md?p=c-2) to the visitors center, the [Secretary](/usc/16/460iii–1.md?p=1) may provide for visitor use of the [public lands](/usc/16/620e.md?p=7) in the [conservation area](/usc/16/460iii–1.md?p=2) to such extent and in such manner as the [Secretary](/usc/16/460iii–1.md?p=1) considers consistent with the protection of [raptors](/usc/16/460iii–1.md?p=3) and [raptor habitat](/usc/16/460iii–1.md?p=4), public safety, and the purposes for which the [conservation area](/usc/16/460iii–1.md?p=2) is established. To the extent practicable, the [Secretary](/usc/16/460iii–1.md?p=1) shall make available to visitors and other members of the public a [map](/usc/16/430f–7.md?p=1) of the [conservation area](/usc/16/460iii–1.md?p=2) and such other educational and interpretive materials as may be appropriate.
- (e) **National Guard use of area—**
  - (1) Pending completion of the ongoing research concerning military use of lands in the [conservation area](/usc/16/460iii–1.md?p=2), or until the date 5 years after August 4, 1993, whichever is the shorter period, the [Secretary](/usc/16/460iii–1.md?p=1) shall permit continued military use of those portions of the [conservation area](/usc/16/460iii–1.md?p=2) known as the [Orchard Training Area](/usc/16/460iii–1.md?p=6) in accordance with the [Memorandum of Understanding](/usc/16/460iii–1.md?p=5), to the extent consistent with the use levels identified pursuant to [subsection (b)(2)](#b-2) of this section.
  - (2) Upon completion of the ongoing research concerning military use of lands in the [conservation area](/usc/16/460iii–1.md?p=2), the [Secretary](/usc/16/460iii–1.md?p=1) shall review the [management plan](/usc/16/544.md?p=k) and make such additional revisions therein as may be required to assure that it meets the requirements of this subchapter.
  - (3) Upon completion of the ongoing research concerning military use of lands in the [conservation area](/usc/16/460iii–1.md?p=2), the [Secretary](/usc/16/460iii–1.md?p=1) shall submit to the Committees on Natural Resources and Merchant Marine and Fisheries of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report of the results of such research.
  - (4) Nothing in this subchapter shall preclude minor adjustment of the boundaries of the [Orchard Training Area](/usc/16/460iii–1.md?p=6) in accordance with provisions of the [Memorandum of Understanding](/usc/16/460iii–1.md?p=5).
  - (5) After completion of the ongoing research concerning military use of lands in the [Orchard Training Area](/usc/16/460iii–1.md?p=6) or after the date 5 years after August 4, 1993, whichever first occurs, the [Secretary](/usc/16/460iii–1.md?p=1) shall continue to permit military use of such lands, unless the [Secretary](/usc/16/460iii–1.md?p=1), on the basis of such research, determines such use is not compatible with the purposes set forth in [section 460iii–2(a)(2) of this title](/usc/16/460iii–2.md?p=a-2). Any such use thereafter shall be permitted in accordance with the [Memorandum of Understanding](/usc/16/460iii–1.md?p=5), which may be extended or renewed by the [Secretary](/usc/16/460iii–1.md?p=1) so long as such use continues to meet the requirements of [subsection (b)(2)](#b-2) of this section.
  - (6) In accordance with the [Memorandum of Understanding](/usc/16/460iii–1.md?p=5), the [Secretary](/usc/16/460iii–1.md?p=1) shall require the [State](/usc/16/590q.md?p=a) of Idaho Military Division to insure that military [units](/usc/16/430f–7.md?p=4) involved maintain a program of decontamination.
  - (7) Nothing in this subchapter shall be construed as by itself precluding the extension or renewal of the [Memorandum of Understanding](/usc/16/460iii–1.md?p=5), or the construction of any improvements or buildings in the [Orchard Training Area](/usc/16/460iii–1.md?p=6) so long as the requirements of this subsection are met.
- (f) **Livestock grazing—**
  - (1) So long as the [Secretary](/usc/16/460iii–1.md?p=1) determines that domestic livestock grazing is compatible with the purposes for which the [conservation area](/usc/16/460iii–1.md?p=2) is established, the [Secretary](/usc/16/460iii–1.md?p=1) shall permit such use of [public lands](/usc/16/620e.md?p=7) within the [conservation area](/usc/16/460iii–1.md?p=2), to the extent such use of such lands is compatible with such purposes. Determinations as to compatibility shall be made in connection with the initial revision of [management plans](/usc/16/544.md?p=k) for the [conservation area](/usc/16/460iii–1.md?p=2) and in connection with each plan review required by [subsection (a)(1)(B)](#a-1-B).
  - (2) Any livestock grazing on [public lands](/usc/16/620e.md?p=7) within the [conservation area](/usc/16/460iii–1.md?p=2), and activities the [Secretary](/usc/16/460iii–1.md?p=1) determines necessary to carry out proper and practical grazing management programs on such lands (such as animal damage control activities) shall be managed in accordance with the Act of June 28, 1934 ([43 U.S.C. 315](/usc/43/315.md) et seq.; commonly referred to as the “Taylor Grazing Act”), [section 1752 of title 43](/usc/43/1752.md), other laws applicable to such use and programs on the [public lands](/usc/16/620e.md?p=7), and the [management plan](/usc/16/544.md?p=k) for the [conservation area](/usc/16/460iii–1.md?p=2).
- (g) **Cooperative agreements—** The [Secretary](/usc/16/460iii–1.md?p=1) is authorized to provide technical assistance to, and to enter into such cooperative agreements and contracts with, the [State](/usc/16/590q.md?p=a) of Idaho and with local governments and private entities as the [Secretary](/usc/16/460iii–1.md?p=1) deems necessary or desirable to carry out the purposes and policies of this subchapter.
- (h) **Agricultural practices—** Nothing in this subchapter shall be construed as constituting a grant of authority to the [Secretary](/usc/16/460iii–1.md?p=1) to restrict recognized agricultural practices or other activities on private land adjacent to or within the [conservation area](/usc/16/460iii–1.md?p=2) boundary.
- (i) **Hydroelectric facilities—** Notwithstanding any provision of this subchapter, or regulations and [management plans](/usc/16/544.md?p=k) undertaken pursuant to its provisions, the Federal Energy Regulatory [Commission](/usc/16/544.md?p=c) shall retain its current jurisdiction concerning all aspects of the continued and future operation of [hydroelectric facilities](/usc/16/460iii–1.md?p=10), licensed or relicensed under the Federal Power Act ([16 U.S.C. 791a](/usc/16/791a.md) et seq.), located within the boundaries of the [conservation area](/usc/16/460iii–1.md?p=2).

## Source credit

(Pub. L. 103–64, § 4, Aug. 4, 1993, 107 Stat. 305; Pub. L. 111–11, title II, § 2301(c)(2), Mar. 30, 2009, 123 Stat. 1101.)

## Notes

### Editorial Notes

### References in Text

Act of June 28, 1934, referred to in subsec. (f), is act June 28, 1934, ch. 865, 48 Stat. 1269, which is classified principally to subchapter I (§ 315 et seq.) of chapter 8A of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 315 of Title 43 and Tables.

The Federal Power Act, referred to in subsec. (i), is act June 10, 1920, ch. 285, 41 Stat. 1063, which is classified generally to chapter 12 (§ 791a et seq.) of this title. For complete classification of this Act to the Code, see section 791a of this title and Tables.

### Amendments

2009—Subsec. (a)(2). Pub. L. 111–11, § 2301(c)(2)(A), substituted “conservation area is” for “Conservation Area is”.

Subsec. (d). Pub. L. 111–11, § 2301(c)(2)(B), substituted “visitors center” for “Visitors Center”.

### Statutory Notes and Related Subsidiaries

### Abolition of House Committee on Merchant Marine and Fisheries

Committee on Merchant Marine and Fisheries of House of Representatives abolished and its jurisdiction transferred by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. For treatment of references to Committee on Merchant Marine and Fisheries, see section 1(b)(3) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress.